A prenuptial agreement in Thailand is a legally binding document that spouses create before getting married. It lists all of the properties and debts that the two people own, and it specifies what their property rights will be after they become legally married.
Those planning to get married should consider getting a prenuptial agreement in Thailand as it can help them establish their financial plans before they tie the knot. It also gives them a chance to discuss their future in the event of a divorce.
It is important to know that you need to obtain legal counsel from an experienced attorney when getting a Thai prenuptial agreement as there are some special considerations in this situation. You should especially seek legal advice if you are a foreigner and marry a Thai citizen, or you have assets in your home country that you want to protect when getting married.
The Civil and Commercial Code of Thailand explains in section 1465 that a prenuptial agreement must be made in writing, signed by both parties and registered in the Marriage Register together with the registration of the marriage (this is known as an ‘ante-nuptial’ agreement). Once the prenuptial agreement is entered into, it cannot be altered without court approval.
You should always consult a Thai attorney when drafting a prenuptial agreement in order to ensure that it is compliant with the Thai law. A good Thai prenuptial agreement will be enforceable and can help you avoid unnecessary costs in the event of a divorce.
If you own a business, or you are a partner in one, a Thai prenuptial agreement can prevent your spouse from claiming ownership of your assets if you die. It can also allow you to designate which country’s law should govern your matrimonial property regime.
In Thailand, the prenuptial agreement must be in writing and must be accompanied by at least two competent witnesses. It must be registered with the marriage registrar before a marriage is legally celebrated.
A prenuptial agreement in Thailand can be a valuable tool for both couples with significant wealth and property as well as for couples who have children or other children from previous relationships. It can also be beneficial for couples who are considering marrying a Thai citizen or for those who plan to live abroad after their marriage.
It can be a difficult and confusing legal procedure to complete, but it can be done if you work with a Thai attorney who has experience with drafting these agreements. In addition, a well-drafted prenuptial agreement will limit your liability in the event of a divorce and save you a lot of money on legal fees.
The prenuptial agreement can also be used as a basis for spousal support in the event of a divorce. The terms of the agreement can vary, but it typically includes provisions for spousal support, property division, and child custody arrangements in the event that the marriage breaks up.